DEFENSE LOGISTICS AGENCY 

HEADQUARTERS 

8725 JOHN J. KINGMAN ROAD 

FORT BELVOIR, VIRGINIA 22060-6221 

MEMORANDUM FOR DLA CORPORATE BOARD 

DLA DIRECTOR'S STAFF 

SUBJECT: Administrative Claims for Annual Leave under Butterbaugh v. Department of Justice 

This inernorandurn updates previously issued guidance regarding the application of the 

Butterbaugh v. Department of Justice decision. The change extends the timeframe For which an employee 

may seek relief for the restoration of annual leave based on military leave usage. There is no change to 

liow military leave is charged to reservists attending reserve training. 

The updated guidance in Attachment 1 supersedes the April 13,2004, ~nernorandum on this subject 

and is in response to Butterbaugh related decisions issued by the Merit Systems Protection Board (MSPB) 

pertaining to Garcia v. Department of State and Harper v. Department of Navy. The June 7, 2006, 

tnemorandum frotn tlie Office of the Under Secretary of Defense, Personnel and Readiness, which we 

recently received, provides that there is no statute of limitations for claims brought under the Uniformed 

Services Employment and Restoration Rights Act of 1994. As such, administrative claims for the 

restoration of annual leave will be processed back to October I, 1980, the effective date of the amendment 

to 5 U.S.C. 5 6323(a). Employees who have already had their claims adjudicated based on the initial 2004 

guida~ice may submit an amended claim to tlie Federal agency who charged them leave, if appropriate. 

. . The MSPB ruling recog~iizes that it is the responsibility of the employee to provide all supporting 

documentation verifying that he or she was improperly charged military leave for non-work days. 

Information identifying the documents that must be submitted to claim restoration of leave are 

identified in Attachment 2. Additional information on this issue may be found at http://www.dod.mil/dfas. 

This information should be publicized to ensure the widest dissemination 

Questions regarding this guidance should be addressed to Ms. Beth Helmer, at 3-14, (703) 

767-7129, DSN 427-7129 or beth.heImer@,dla.mil. Questions on liow to proceed with a clairn slioi~ld be 

addressed to the appropriate Defense Finance atid Accounting Service payroll office. 

Human Resources 

Federal Recyc!,ng Pqgrarn D-.~i., : ..,II..-. . =-\c.ed Paper 
DEFENSE FINANCE AND ACCOUNTING SERVICE 

ARLINGTON 

I 1851 SOUTH BELLSTREET 

ARLINGTON, VA 22240-529 1 

OCi - F 

DFAS-NP 

MEMORANDUM FOR DEPUTY ASSISTANT SECRETARY OF THE ARMY 

(FIKANCIAL OPERATIONS) 

ASSISTAKT SECRETARY OF THE NAVY (FINANCIAL 

MANAGEMENT AXD COMPTROLLER) OFFICE OF 

FTNANCIAL OPERATIONS 

DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE 

(FINANCE OPERATIONS) 

DIRECTOR, ADMINISTRATION AND MANAGEMENT 

COMPTROLLERS, DEFENSE AGENCIES 

RESOURCE MANAGERS, DOD FIELD ACTIVITIES 

DIRECTOR FOR FINAKCIAL MANAGEMEKT DIRECTORATE, 

INSPECTOR GENERAL, DOD 

SUBJECT: Admin~strat~ve Claims for Annual Leave under Butterbaueh v. Department of 

Justice, 336 F.3d 1332 (Fed. Cir. 2003) Update 

This memorandum explains the updated procedures for filing an adlni~iistrative claim for 

restoration of leave (annual or military.) or payment for annual leave. Tlie guidance is based on 

the June 7, 2006, memorandum from the Office of the Under Secretary of Defense, Person~lel 

and Readiness (attachment I). As a result of recent Merit Systems Protection Board (MSPB) 

decisions, DoD has determined that claims of DoD employees or former employees may be 

considered back to October 1, 1980. Originally, the 6-year statute of limitations under the 

Baning Act was applied to administrative claims. Therefore, ~mployees or former employees 

may need to file amended claims that seek relief hack to the first date they were improperly 

charged military leave subsequent to September 30, 1980. Procedures for filing an 

administrative claim with the Defense Finance and Accounting Service (DFAS) are provided 

(attachment 2) and will be postdon the DFAS web site at htt~:!/www.dod.milidijs:. 

The recent MSPB rulings recog~iize that the burden of proof lies with the elnployee to 

show that he or she had to use annual or other types of leave to cover an absence for military 

leave as a result of being improperly charged military leave for non-workdays. What this means 

to an employee is that he or she must have some supporting evidence that he or she was actually 

charged military leave on non-workdays and that he or she had to use some other form of leave 

to cover the period of military duty. That evidence could include: civilia~i time and attendance 

(TA) records, tit-ilian leave records and copies of the active duty orders for each period of thc 

restoration request, or any otlier relevant documentation. 

Employees and fbrmer employees should he advised that claims without supporting 

evidence may be held until the employee lias furnished the evidence, and that DFAS may riot 

www.dod.n!i!:uias 

'four .c~nanc;a/ ,Pairtier @ ,:'j~;% 
have copies of past TA records or leslve records for the following reasons: (I) the National 

Archives and Records Administration fi1ARi\) rules for retention of TA and leave records do not 

require that these types of records be retained for more than 6 years: (2) DFAS did not take over 

civilian pay responsibility for some Don agencies untii 1996, and ill most i~~stances: does not 

have any records that were created by those employing agencies; (3) only the Denver payroll 

office has records back to 1980, whicli arc Limited to employees of the Corps of Eiigineers. 

DFAS has a data repository of payroll records, but this I-epository only contains data froin 1996 

to present. Therefore, the only historica! records for civilian leave and TI\ that are available at 

our payroll offices is for the years 1996 to present. with tlie exception of the records for the COF 

(attachment 3). 

Legally. DFAS cannot unilaterally restore or pay lor any mistakenly-charged military 

leave that canllot be supported by documentation showilig the charging of annual leave or leave 

without pay. LVhere there is some supporting documentation, DFAS and individual employing 

agencies tiiay consider settling cases with individual enlployees or with a group of employees. If 

an agency enters into a settlement (an agency decision) then I)Ft\S' civiliali payroll offices must 

he provided a copy of the management decision or the settlement agreemeill to make payments 

or restorz~tion. 

Procedures require hat employees or ibrmer eluployees complete the attached claim 

Ibrm (attachment 4) and mark whether this is a new claim or an amended claim. 'fhosc who 

have already liled claims and received coinpensatiot? or resrored leave must file an amended 

claim for periods that were rloi already considered or paid for due to the appiication of tile 

Barring Act rules. All claimants must provide the following docuincntation to the DFAS payroll 

office or the clairn cannot be processed: a completed clailil Sonn with attached copies oi'thc 

order to active duty or other types of documentation that support the dates for each period of 

claimed restoration. copies of the civiliaii Lime and attelldance reporls or leave records that sliolvs 

charges to anntrai or leave without pay f~>r the periods of active duty or other inforn~ation to 

support the ciaim. 

i\drninistrative claims filed directly with DFAS must be submitted to tlie following 

address: DFAS-Indianapolis, Civilian I'ayroil, 8899 East 56'" Street, Indianapolis. Indiana. 

36249-1 900. the central address for all of our payroll offices. This address is where information 

is iniaged and flowed to the appropriate payroll office for processing. 711e toil free nuniber for 

faxing is (806) 401 -5849. The coiltniereial nrimhers are: 317-5 10-0795 tliroi~gh 9798 (DSN 

699). Tlic claim i\)rni must indicate your current or last payroll office and your current or last 

employing agency. DfiIS pay~.oll office identification (ID) ni~mbers (POIS) can be fotind on 

your DFAS Civilian ILeave and Earllings Statements c?r you iuay use tile iiili~miation provided 

(attaclirnent 5). 

Etnplo).ccs it2 receipt of restored >~nnz~ai leave hax rile following lime-period ibr use. 

Restored an~iualeave of 416 hours or less must he used by tlie employee by the end of the leaye 

year beginising within 2 years after tlie date of restoratioli or the leave will be forfeited. in 

accordance with 5 U.S.C. 6304(d)(l)(a) and 5 CFR 630.306. The regulations provide that an 

agency sliall extend this period by one leave year for each additional 208 holirs of cscess annual 

lea\-e or i11iy portion thereof that is restoi-ed to the employee. 
There was a change to the mrhtary leave la% that became effectwe on December 21, 

2000, which stopped the p~aclice of charging military leave for intervening weekends or nonworkdays. The Dcfeme Civilian P,ayroll System (DCPS) was updated with this change. 

Agencies and their s.upervisars and timekeepers were natified of this change and should have 

stopped charging military leave on those days. Further, some system edits have been 

implemented into DCPS to help prevent erroneous charging of military leave on an intervening 

weekend or a nori-workday due to timekeeper error. However, if an employee can prove that 

militiuy leave was mistakenly charged for noii-workdays for periods after 2000, he or she should 

submit a clainl with the required documentation. 

Payroll offices will continue to pmcess all existing claims and orders including 

administrative claims, orders and decisions of the Merit System Protection Board, Federal Courts 

and agency settlements for restored annual leave or adjustments to military leave. They will also 

continue to provide payroll iiifoqnation and documentation when properly requested by 

employees, Goveniment agencies, or third parties. 

Please provide widest dissemination to all custorners. Questions regarding this subject 

iiiay be directed to Linda Greeley of my staffrvho can be reached at (701) 607-5047 or via cmail 

at Linda.Greeley@.DFAS.Mil. 

7- T. f24-A 

$~tchard D. Davis 

Drrector. Policy and Performance 

Management 

Attacliments: 

As stated 

cc: Director, Standards and Compliance, Finance Mission Area, DFAS 

National Security Agency (Attn: Brenda Zebron) 

Dept of Energy (Attn: Jerry Odegard) 

Dept of Wealth & Huina~l Services (Attn: Jirn Mar-tin) 

Dept of Veterans i4drniliistration 

Environmental Protection Agency 

Service Liaisons 
OFFICE OF THE iJNDEFt SECRETARY OF DEFENSE 

4.020 OEFENSE PICKTAGON 

WAStilNGTON. C C 20301 -4rXiC. 

,-; u 3; 7 <-:": . ,

MEMCIRAXDLIIV: FC>R SECRETARIES OF 'I'iiE "VIlI.I'l'ARY DEPARTMEX'TS 

CHAIRMAN OF THE JOINT CHIEFS OF STAFF 

UNDER SECRETARIES OF DEFENSE 

.rlSSISTANT SECRETARIES OF DEFEKSE 

GENERAL COUXSEL OF I'HE DEPAR iX-MEUT OF 

DFFFNSF - -~ ~ . 

DIRECTOR OPERA'TIONAL TEST AND EV.M,UATION 

INSPECTOR GEhXhAL OF THE DEPARTMENT OF 

DEFENSE 

ASSISTANTS TO TNE SECRETARY OF DEFENSk 

DIRECTOR, ADM~NISTRLZTION AX) MAXAGEMEKT 

DIRECTOR. PROGRAM ANALYSIS AKD I:.VALU/\TIOS 

- DTRECTOR. -~ ~ NFT ASSESSMIX T 

DIRECTOR: FORCE TRANSFORMATION 

DIRECTORS OF 'THE DEFENSE AGENCIES 

DIRECTORS OF 'TIIF DOD FIELD ACTIVITIES 

SIIBJECT: Administrative Claims for have as a Result oft!!e Decisioi? i!~ Hu~terhauoh vc 

- T>epanment of Justice, 336 F.3d 1332 (Fed. Cir. 2003) 

'rhis memo:andum supersedes the Principal Deputy Under Secretary of Deiinse 

(,Pcrsonnei & Readinessj memorandum. same subjeci. dated ApriI i3. 2005 Iattziched). 

'This memorandum provides notiiication of the impact ofthe decision in 

and two subsequcnr Butterhai~eh-relii~ed decisio~is 

issued by :be Merit Systems Protection Board (MSPB) on February 27. 2006, Garcia v. 

Departmei1t oi'Sv;ite, 2006 MSPB 29 and Harper v, De~artlnent oCKavv? 2006 MMSF'R 30 

'Garcia'Hamer). i- Aifrcted personnei are individuals who were simultaneously Federal 

employees and r I) Reservists, inciuding Military Techniciails. or (2) members of i'he 

Kationzi GuarC who may have been improperly charged military leaye ifi the 

circumstanci.~ described below. Please ensure tiris rne:norandurn is dissemina~?d as 

widely as possible within your orsanizatiun. it has been posted to the CPMS \i.eb sire at 

~~iw.c~ms.osci.~. 

la Biliierhau~h. the Lnited States Coun of Appeais for the Federai Circuit 

resersed the Ofrice cif Personnel :l.lai~agernmt's (OP'i?) iiiterpreintion of sccrion 6323 

oftitle 5. Ill~i?eti Srates Code, and hcic! that. at least since scction 6323 \vaj amended 

iri 1980. i: has been ciear that Federal emplo?ees are required to take i11iii1ar-y leave 

ir;rl> fi>r those days rhry are required to xvork in their cisilianjobs. Accordingl?. 
ageiicies should have allowed 15 work&vs of military leave Car reserve training each 

year. instead of 15 caiendar days, as was the practice in acccirdance with OKvl"vl' 

Implementing regulation, until December 2 i. 2000. wrhen section 6323 was again 

amended. 

The Butterbaunh case was brought under tile ijniibrined Services Employment 

and Restoration Righrs Act of 1994 [GSERRA)? as amended. Under Garcia!Hamer. the 

MSPB held that there is no statute of limitations for claims brought under 1JSERltfi1's 

procediires. including claims that allege violations of he Vietnam Era Veterans' 

Rradjustn~ent Act (VRRAj of 1974, USERRA's predecessor statute. The MSPB filrther 

held that Butterbail&-type actions were prohibited under the VKRA, thus extending the 

potential period of claims for leave back farther than 1994. the date USERRA .sas 

enacted. The GaciaiHamer decisions have become final and constitute conrroi!ing iaw. 

OPM's prior interpretation of section 6323 may have caused some employees to 

take ]cave ivithout pay andior annual leave to coinplete a reserve duty obligation. Others 

may havc had their military leave baiat~ce under-calculated. As a result ofthe 

GsrciwJIa~ decisions, DoD will process administrative claiins back to October I. 

1980; the effective date of the amendment to 5 U.S.C. $6323(a) interpreted b)- the Court 

in Butterbaunh. Therefore, current Federai employees. as well as those who have redred 

or separated from the Federai governmenr, who: (I) were charged militay leave \vhi!e 

they were appropriated fund employees. and (2) believe they have valid leave claims 

under Rutteibauiueh may file claims with the Federal agency that charged ihem leave. If 

rhe responsibie entity was a Military Department or orher DoD Component. indi\.ldi~sis 

who choose to tile a claim are encouraged io use the claims process set up by the 

Defense Finance and Accounting Service (DFAS) instead of fili~ig with !:he DoD 

component. A description of how to file with DFAS is set foah below. DFriS wii! be 

amending its Buuerbaueh claim procedures to cotnpty with GarciaMamer. 

Those appropriated fund empioyees who ha\-e already filed claims and had :heir 

clainis adjudicated. may s~kbn~it amended claims that seek reliefback m the first date 

rhey Lvere improperly charged miiilary leave alter September 30. 1980. Employees who 

havc iilcd claims thar have no: yet been adjudicated may also submit amended claims 

that seek rclicf back to the first dare they were improperly charged militan. icavc after 

Sep:e:~tbcr 30, 1980. 

Currcnt or former nonappropriated fund employees who: (1 1 were charzed 

military ieave. and (2) believe they have valid leave claims under Butlerbanoh. may fiic 

claims ibr military leave under procedures established by the nonappropriated hnd 

instrumenra1i:y @MI) responsible for the leave charges. See paragraph 3. l of Do!] 

Dirccfibc 55 15.6. "Processing Claims Arising our of Operations ~ENoiiappropriated 

Fund Activities." October 25, 2004. requiring NAFls to establish ciairns procedures. As 

with appropriated fund employees. those employees who have already filed clai~ns and 

had their c!aims adjudicated, may subink amended claims that seek relief back to the 

first date ihey were improperly charged rnililary leave after Sep:c:nher 30, !9X0. 

Emp!oyi.es who have filed claiins that have not yer been adjudicated !nay also siihnril 

ainendzd claims that seek relief hacl; to the first date they ivere irnpmperly charged 

niilirary leave after September 30, 1980. 
Cunent and former DoD appropriated fund employees filing ciaims arising Goin 

ieave charges by DoD Components should mail their ciaims to DFAS PayrolI Ofice. PO 

Box 33717, Pensacoia, FL, 31508-3717, and identi& their current servicing payroil 

offices. The ciaim shouid specify each non-workday that the claimant was charged 

miiitary leave. Employees who did not work Monday through Friday should indicavs 

what their work schedules were during the applicable tinle&ame(s). Elnpioyees should 

indicate whether, as a result of being charged military leave on a uon-work day. the>- 

used annual leave or leave without pay to fulfill reserve duty. Suppocing documentation 

shouid include a certificate of attendance for each period of active duty. Claimants are 

encouraged to provide their civilian leave and earnings statements reflecting the 

improper charge of military leave, if they have them. Claimants should also mark rhc 

envelopes an6 their claims "Butterbauirh Claim." Current and former DoD 

nonappropriated fund employees should mail their claim to their nonappropriated fund 

~aym!i office. 

I!' you have any questions about the procedures for filing claims under thc 

Blltrefbaugti decision. you may contact your servicing hum%? resources specialist --- 

attachment: 

As stzed 
PIIOCEDURES FOR FILING AN ADMINISTRATIVE CLAIM 

.Appropriated iiind employees of the Department of Defense or otlier agencies that are or 

were payrolletl by the 1)efeiise Civilian Pay System (DCPS) who choose to seek restoratio~i of 

leave (or former employees1 who seek payment) for military leave charged for non-workdays. 

rnay file an adr~iinistrative claim with the Defense Filiance and Accounting Service !DF;\S). If 

restoration or payment for leave is rnade for an administrative claim that is tiled after these 

procedures are issued, tile claimant ~vill be informed that acceptance of restored lea\,e 01- 

payment co~istitutes it filial settlement of all claims, no matter when accrued. \.vliich the employee 

may have agaiiisr the Government arising fiom military leave charged for w:eel<eilds or nonworkdays. Restored annual leave of 416 Ilours or less must be used by the einpioyec by the end 

of the leave year beginning within 2 years after the date of restoration or the leave will be 

forleired. in accordance with 5 7J.S.C. G303(d)(i)(a) and 5 CFR 630.306. l'he regulntiotls 

provide that an agency shall extend this period by one leave year for each additional 208 iio~lirs of' 

excess anilual leave or :my portion thereofthat is restored to the employee. 

According lo MSPB rulings, clailllants have the burderi ofsliowiiig proof tlmt he cis she 

were harmed by rhe improper charging of military leave for Reserve duty oil interveiling 

weekelids or non-workdays. What does this mean to the claimant? Generally. each clain~ailt 

must provc that annual leave, leave \vitliout pay (LWOP) or otlier types of leave was chargcd for 

a period of ticrive ii~ity due to the improper charge to military leave oil ail ii~terveniiig wreksilcl or 

non-~oi-kday, man that be proven'! 7'lie claimalit must submit a copy ofthe active duty 

military orderis) or otlier documentation showing dares of active duty perii>rmance that iirst 

caused the erroneous charge of military leave on a u-eekend or noliworltday and tlie folio\-\-up 

active duty military order(s) or otlier relevant docurlientatio~i, that required tlie membei- to he 

charged annual. LWOP or other types of leave ibr an absence due to military duty. as \\-cii as 

civilian Ica\.e records or other relevaiit doc~i~iieiltation to support thcse charges to leave. 

Einployees and former employees should be advised that the 1)efense Finance aild 

Accoi~nting Service (DFAS) may not havc copies of pasi TA recorcls or leave recorcis for tire 

Sollowing reaso11s: I) the National Archives and Records Adminisrratio~i (NAIZA) rules iitr 

retentioti ofi'A and leave records do not require that these types of records be retaincd k)r Inore 

than 6 ycars: 2) DI'AS did not take over civiiiaii pay respollsibility for some DoD agcucies tillti1 

1996. and ill (nost instances. does 1101 ha1.e any recorcis that wcrc crcatcd hk those elilpluying 

agencies: 3 i only the Denver ixtyroll otiice has records back to 1980. wliicii are limitcil to 

c~ilployecs of tile Corps of Eilgiuecrs. DFAS has a data repository of payroll records. bill rliis 

repository olily cctlitains data iiom 1096 to present. Ilierei'ore, the only historical records iitr 

civiiiail leave and time aiid attendance that are available at our payroll offices is for the !ears 

I990 to present, with tlie exception oSthe records for the C:OE (attachtncnt 3). 

I Tot-iner enrploye;~ are those iviio tieve separated i?om goucrnmenr empliiymcnt. 
'To iile an admi~listrative claim with DFAS. claiii~ants must cori1pIcte the claim hrnl 

(attachment 4) and provide tlie information listed below. Former and current cn~ployees nlrist 

provide the liillo\ving docuilientalioil lo DFAS: a completed claim Corm, indicati~ig the spccitic 

dates of active duty (E'KOMiTO) duri~ig which annual leave, LWOP or other types of leave \\-as 

charged for non-workdays or intervening weekends; a copy of the order to active duty or oilicr 

relevant documentation that supports a call to active duty. a copy of tlie certificate of attendance 

(ifa\~ailablc) for each period of active duty claimed or other relevant evidence that indicates 

active duty performance and the subsequent charge of civilian leave because ofthat active duty. 

Employees or former e~nployees whose clai~ns were settled by DFiiS may need to iile 

amended claiins that seck relief brick to tlie first date they were improperly charged tniiitary 

leave suhsetl~iento September 30, 1980. 'l'licir amended claims niust be tiled only for periods 

that were not considered or already paid for in their initial claii~i. Tliey need to follow the same 

procedures as eriiployees or ibrincr employees who have not yet filed claims Tor pay~ilent or 

restoraiioii of leave. Employees or former employees. whose claim has been filed with IlJ-'AS. 

but not yet processed, will have their claims reviewed and processed or returned if niore 

evideilce is needed. Employees 01- former e~nployees whose claim was returned because of thc 

(,-year statute of limitations originally interpreled by DoD should reiile usins these procedures. 

,211 claiins must be submitted to the DFAS -~indianapolis, Civilian Payroll. 8809 East 56'" 

Street. Indiaiiapolis, Indiana 46249-1900. This is the central post office box li>r all of our ciirreilt 

payroll oiiices and is where inforinatioil is imaged and flowed to the appropriate payroll ofiice 

ibr processing. The roil free fax number is 1866) 401 -5819 or the com~nercial nu~i~bers arc (3 17) 

5 10-9705 through 9708 (DSK 699). Employees should indicate their current oi- last payroll 

ol'fice and tlieir current or last e~nployirig agency. 1.0 help employees dererii~ine tlieir i>i:AS 

servicing civilian payroll office, they need to look at their current or former C:ivilian Leave and 

Earnings Sroleinci~t ant1 locate rhe payroll office identificatjon numho. (I'OJN). .A Jjsti~~g 

(attachment 5) wiil translate that POIN to the civilian payroll office nai~lc. 

IIpon receipt of tile completed claim packagc. the servicing payroll office will audit the 

rzcol-ds. If the audit fiiids that intervening weekends or non-workdays did not result in charges 

to annual. LWOP, or other types of leave, the clailnaiits will have no entitlerncilt to restored 

leave or payment and the claim will be sent back to the ci~rrei~t or fortiler erupluyee stating that 

there was no liarm found for the periotl(s) of the claim. If the claimant's tlocumentation is not 

complete. the payroll office will noti& the employee whether additioilal information is iieetled to 

prove the claim. The payroll office will hold this claim uiiiil the proper infi>r~ilation is provided 

CIS the claimarit notilies tile payroll office that he or she has no other documeiiratioi~ to vcrii!. 

their claim. 1t that time. the payroll office ~viil process the claim to the extent possiblc and wili 

rnark the clai~ii package as suspended for the period ~vliere no evidence was 131-ovidcd. If tile 

ziudit reveals any errorieous charges lo annual, LWOP or other types of leave, the employee or 

i'ormcr el1?pioyee wiil receive a credit ro tiis or iher resrorcd arinuat or inilitary leave accnurrt or 

compensatio~i as a payment. 

Page 2 of Attachtncnt 2 
1J' the clainiant is a current Federal employee paid by DFhS, any erroneous ciiargcs to 

annual, L.\\'OP or other types of leave will be adjusted and credited to the claimant's restoi-ed 

a~inualca~~e aceoiltit. Eiiiployees in receipt of restored anilual leave ruust i~ndcrstand that any 

restored aiinual leave under this claiill must be used by the e~ilployce by the end oi'tlie leave year 

begiliniilg within 2 years after the date of restoration or tile leave will be ibri'eited. ill accordance 

with 5 U.S.C. 6.?OJ(d)(l)(a) 2nd 5 CFR 630.306. 

IS the claituant has separated or retired. a payment will be luade to tlie claimant to settle 

the erroneous charges to annual. I.,\VOP or other types of leave using tile agency's ciirrcnt 

appropriations or one iiir~iished by the agency. All i'ormer eniployecs ruust provide a ciirrent 

tiiailiilg address so the payincnt can be made to tbeni. 

Eniployces \vlio \Yere payrolled hy DCPS. but no\v are employed by another Fetlci-a1 

agency and who inteltd to filc a claim with DFAS. must incliicie a mailing address k~r their 

current payroll office. This address is required so ttmt the DCPS payroll oflicc(s! will be able l(i 

send a correctcd Record of Leave IPntu (SF 1150) with the restored annual leave halancc. for 

recredit by the current payroll office. Note payroll ot'fices will enter tile restored annual 1e;ivc 

arnount in the Restored column under the Sunitnary oSAnnual and Sick Leave heading and the 

tiate oi'tlic restored ailnual leave in block 24 remarks. 

Lniployees \vho are now payrolled hy IICPS. b~it were employed by ;inothcr Federal 

agency and \+lro have tiled a claim with tliat agelicy, need to ensure that tbc former agency has 

the correct I>l.'AS mailing address (stated iri this docun?ent). Ijpon receipt ofthe corrected form 

SF 1 130. the l)l:.4S payroll oilice \?ill post the restored annual leave to tile ciaimarlts accoiint. 

It sliould be noted that if a c1aini;int requests restoratioi? of mililary leave, rather than 

aiini~aleave. tlie same inforormatioti must bc provided with the claim and prooi' of harm iil~ist still 

he shoxv~?. lii'ioss of leave is proven. military leave will be restored to the claimatll. Any 

restored military leave is sub,ject to the maximum carry over 01 30 days. Any ;ii?justri~ent of 

iilili?ary leave that would cause the clailnatit's balance to exceed the limits set by Ir:\v \\.i~iiIii he 

iorfeited 
CI\'ILIAN LEAVE RECORDS AU1) TIME CARD HISTORI 

'The Defense I'inaiicc and Accouiiti~iy Sel-vice (DFAS) lias a data repository for civilian pay. 

leave aiid tirnc history, however this program was not started uiitil I996 and goes through to 

current year. This data repository has captured all the data for each of our lliree payn~ll ul'iices 

and their miiliiplc databases. As mentioned in the memorandi~m. National !\rcl~ives and Records 

Admiiiistratic>n's ri.yuirenienrs allow for the destruction of civilian Lcavc and tirue history uiicr 6 

years. If DI':\S. you or your forrncr agency do not l~ave civilian leave and ti~iie history. tlten tlie 

claim may he cienicd. I'rovidcd belorn1 is the cix~ilian leave and time history av;~ilahle through 

[IFAS: 

DFAS PAYROLL OFFICES 

CI-I.4RI.ESTON PRO 

IIENVEII PRO 

I'ENSACOLA PRO 

LEAVE and TIME lIISTOliY AV-\IL,\IJII,ITI 

1tJ96 through current (data repository) 

1996 through current (data rel~o\ito~?) 

Corps of Engineers 1980 through current 

1996 through current (data repository) 

Attachment 3 
Adininistrati~e Claims for Annual 1,eave untler Butterhaugh v. D e p a r t m e n t o f .Justice, 

336 F.3d 1332 (Fed. Cir. 2003) 

Al~l)rcpriated fund employees 

NAME SSN DATE 

XE\V CLAIM ADMENDED CL.4131 

CURREKT MAILING ADI>RESS 

SERVICING P A Y R O L L O F F I C E AND MAILING ADDRESS 

('lo he iron~plelrd nsl) b: clrisnnsts r! !ha nrc still ernploycd b) ilic Frdcral .:over-i~mcot osrsiile of tlw llcp:~r.tmri~t iif l)efct>sc. n !ha aci-c pa! rollctl b) 

1)CI'S ~lsrine tlx rlaicri period). A cvi-rcrlcd SF I150 ivill he rcnt to the cur.l.cst ageucy for c~.edit to the rcstal.rd lcrrr acrlnliit). 

CURKENTILAST PAYROLL OFFlCE AND CUKRENTILAST F M P L O Y I N G A G E Y C Y 

(See alrachment 3 for tr~nilxtion lui tfte I'ayrull Omec Idzntilicatiotl (If)) Siinrhez.(POIS) ritorvn on \our 1)FS Leave and Eal-nin$s Stntcnwntl 

'M.41L TO: DFAS-lnclianapolis, Civilian Payroll, 8899 East 56"' Streeet, Indianapolis, Indiana, 46249-1900 

REQUIRED INFOKM4TIOU FOR EACH PERIOD OF ACTIVE D C T Y O R D E R S OlI O'THER RELEVAhT 

DOCIIMENTA'I ION: 

REQUIRED St'PPORTfNG DOCUMENTATION (ATTACH TO CLAIM) - <'lai~~u~~t ntcsst s11tn\ ta:kt i~~iiiual ir;t\ i 01- 

I.\!'oP \r;xs eser< is the lrct.i<l~.lxlanrr of ltcacr,c duties hecsu~e thc ngcnry dcrlurted nlifitsr) lcnvr for tion-we~~liila~s or istcrvri~iag r,cclicnds. 

copy oiti:~ order to niiiitiiiy acliie duly firi ii cui~tiiriioiis pci-iiid oiactiic diit! tirat incliidcs a iici.kcnr1 or oi::i-nriiki1;i) 

. ,\ copy iiC!hi: ccililicatc nf;:!tcnd;inc: for ciich pciiod o:octiie dory Iiitcd :ihiii.e. 

. ,i copy iiftl~e iipplicahlc civilian iva~.k scliedulc (if it i\as not a standald Monday th~.oiigh i:riii;iy) Stir ilit )ici.ioii(s; tiiaciiie duty listcd 

atxi, c. shoitiii: nnri-aorkd:iys. 

,i cop: oirl~c ti~llu 311d intei,ijiitic~ record or thc icabc ic~oi~l slioii ing thc cliaigcs to iinniial 1i.ni.c oi- lctiit nilhotir 1x1) 

. Any otiiei rclcv:ici doi;iimcntatioii. iii the ohsciicc oilhc abovc. 

ADDITIOh-AL INFORMAT105 (OPTIONAL) 

copy oithc li.i!ii. ;ind cai-riiiigs stateiiients that indictitc charges to iniliiaiy lenvi: niiicii irin! ilrcliide ;i wctkcnd. rioii-rioricdii) or ;i 

charge to lc.iv.: niihi,,i! ji;p. 

niilitaiy leave ii~aigcil IN:, inail.;iarkd;i\$ 

SIGh'AT1:RE OF f LAI\lAhT DATE SIC;hE:I) 

I'RIVACY ACT STATEMENT: Authority for collection of this inforlnatioll is 5 V.S.C:. Suctiull 631 1 and E.0. 9397. 'I'hc 

ptrrpose for vvhicb tllc imfo~~rnatiott will he used is to administer and process your clainl for leave restoration 111. paymrnt. 

The infur~ntrtion on illis forin [nay he disclosed as generally permitted under 5 U.S.C. Secrion 552a(h) nf the I'rivac?. .Act. as 

aoietrded. Providiol this ioft,rtnirliort is volutltary, Ltrwever. failure to sapply the rctjrrired doeementation .la> rcsitlt in 

tlie denial of part ilr all of yoer claim. 
I'AYIZOLL OFFICE IDENTIFICATION (ID) NL>MBEII (1'01h) 

97380600 Charleston Payroll Office 

97380700 Charleston Fayroll Office 

97381 000 Charleston Paj roll Office 

97381 100 Charleston Payroll Office 

97381 100 Charleston Payroll Office 

97381 500 Cllarleato~~ Payroll Office 

'17300800 Denver Payroll OfEce 

97380 1 0(1 I'cnsacola Payr.ol1 Office 

97380500 Pensacola Payrnll Office 

97381200 Pet~sacola Payroll Office 
PROCEDURES FOR SUBMITTING A CLAIM 

Criteria to be met: The employee (former or current) had used annual leave or another type of 

leave, e,g leave without pay, to cover an absence while on military leave as a result of being 

charged lnllitary leave iniproperiy for non-work days. 

Documents Needed: 

I. A completed copy of the Clain Format, Administrative for Annual Leave under Butterbangh 

v. Department of Justice, identifying the spectfic dates of active duty during which annual leave 

or leave without pay was charged for non-uorking days. (A copy of this document is attached 

for your use.) The employee must also identify thcir current (or former) servicing payroll office. 

Charleston Pavroll Office Identification Numbers 

97380600 

Denver Payroll Office Identiiication Number 

97300800 

Pensacola Payroll Office Identification Number 

97380100 

2. A copy of the order(s) to active duty or other types of documentatiotl that support the dates 

for each period being claimed. 

3. Copies of civilian time and attendance reports or leave and earning statements that show you 

were charged annual or leave without pay for periods of active duty. (Attendance reports back to 

1996 may be found at the Defeilse Finance and Accounting Service ) 

Who to Contact: Employees need to work first with their timekeepers to procure the requlred 

documentation. Their second source of help 'ior documentation would be their Payroll Center of 

Excellence staff. Questions on how to proceed with a claim should be addressed to the 

appropriate Defense Finance and Accounting Service payroll office. 

Where to Submit Claims: 

.\I1 claims must be submitted to the DFAS - Indianapolis. 

Civilian Payroll 

8800 East 5(:" Street 

Indianapolis, Indiana 46249-1 900 

Toll Free h'umber: (866) 401 -5849 

Comm. Number: (3 17) 5 10-9795 through 9798 

DSN. 699-9795 through 9798